Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-12-07
il can do almost anything in
that line. What would be
thought of New York or the
NaW Ennland afsfns IL than runro

EtQOugnI OF New 10rK or the
New England states If they were
TO tax the citizens OF Texas or other
southern states for the sale of all cotton,
hides, wool and other articles of COM
merce sought to be sold therein by their
agents, drummers or factors by levying a
tax upon such sales oy sample therein?
Why, it would be claimed by every citizen
of the Uaited States who adheres to the
doctrine of
mo TAXATION WITHOUT REPRESENTA-
TIoN,"
that the citizens OF Texas aud other
states were not represented in making
such laws, they were void as to them and
heir agents, as tax on their
agents was practically tax on
their business, and if carried out or toll
Grated would allow one state virtually to
lay an embargo on the commerce Of any
one or more states, which would De pre-
posterous. The Idea of q citizen of the
United States being challenged anywhere
in this nation by any power other
han national in the conduct of
bis lawful business in states other than
MS own is decidedly absurd and ridiCu-
| lnus He never has had chance to vote
in the s'ste not his own, upon that SUD-
|
gressional district, no dGubt, for
| lis representative in Congress and
il is not unlikely that citizens of other
states have ted in their respective con-
gressionsl districts for their represents
ives and when they sll meet in Congress
whatever they may Ia wfully determine
therein will be obeyed and observed by
each sGd every citizen in this broad land
rs
matter what state CITIZENSHIP,
DOW to nothing save the will of Heaven
and their own. In domestic affairs they
tXpress that will through their Lpgisla
ure and it is observed bg oil good PEG
ole. In interstate matters they ex
press that will, if any, through
Congress, and it is the pride
of al god ciliz-ns 8s well as states TO
| observe and resp ct it. If the power by
the constitution has been lodged in Con
gress in this case and Congress shall not
nave acted, both states and people
must
WAIT UNTIL CONGRESS LEGISLATEs
upon the subj CT There is no state or
&c immunity Oh individuals that cen make
my law ct all upon hst subject. TIM
law in question is utterly void 10 so far IL
fleets the commerce Of the citizens OF
irher states having no goods herein bu
elliUg by sample, and particularly r G.
S ocktOn, the applicant for habess corpus,
mere IS agent, drummer or commercial
raveler for W A. Wilson & c.. of Kan
sas City, and ne must be discharged and
released from custody ana have and re-
cover all costs herein.
The following are the authorities relied
upon as settling the law in this case,
w R 'bhtns vs. Shelby County TaxIrg
DisInot, Tenn 100, Ualfed States SD
creme court repIr =, page 489; Fargo vs.
MIcnis an, l2l, Unirrd States Supreme
c urG reports, page 230; Philadelphia and
S rUth~rn S smsnip Com any Ys Penn
.yivauia, 1872, Ullrsd States SaDreme
court report, page 1926.
4 Judgment and uTder will be entered
q rtir in accordance wi n the foregoing
opinion. CRAUNCEY B SABIN,
U Tea Safes DlsCnCt Judge Tor the
E ,stern District OF Texss.
THE DECREE.
The following is the decree entered by
the court ordering Stockton's release:
SAID csuse having come duly On to be
neard up"n the writ returned, interven-
ton of the state and the evidence herein
adduced, and argument and counsel hav-
ing neen heard, and the court having
csr fully considered the same, now herz
0judges, orders and DEGREES that the Re
> rsInJ of the liberty 0i the sid Robert G
S ueStUn by the said NJ. O. MeadoT, con-
stab Of precinct l, Smith county, Tex,
q the proceedings by which he is alsU
restrained, and the law under and by
virtue OF which the same were had and
; ugaE to De maintained, were each and
very one O! them IN violation Of the con-
Tuition Of the United Safes, and that
Il right ana justice, the said r ebert G |
S 'Ckton is entitled TO mis- liberty and |
freedom from restraint, and from eaCn |
ana Every one Of the same, and it is fur |
toer ordered and a6iudged that he be |
at once Re- leased to mis- Liberty by |
ne same NJ. o. Meador, constable, and |
~ m state of Tex IS, it's offi :ers, agents |
and employees and each and every one of |
..,r III deslsJ from ali efforts to enforce the |
1W under which be is arrested upon him, !
he sid Stockton, as drummer or COM |
"erCial trav-ler for the dTm of |
W. A Wilson & Co. of |
Kansas City, and in no manner further |
p oCeed against him to subj ct him to |
fd' tier res rant in behalf whereof he |
n.tn complained herein or which hath |
herein been submitted to the court for |
soiuCstion
And it is further ordered that Robert |
G. SsOckron recover sill costs herein, TO !
'= taxed, and that the same be certified
ny the Il ,norable the Comptroller of the
= Of Texas, tor payment, snd that the
Ulcers f the court have
,ud recover their COSTS Of the
respective parties herein by them
e-peCuvely occurred for which execution
may issue as against any one except the
; att of Fexas, and that, as against her.
"a eXeCu ion issue.
l is fur her ordered that certified
c'py of this order, under seal Of the
C urt, be furnished to said Stockton,
VI sd r, and the Attorney General OF the
Statr of Texas, each respectively.
TSigned CHAUNCY g. SABIN,
u ed SAFES District Judge of the East
ern District of T.Xss